News & Analysis as of

Antitrust Litigation Summary Judgment

Troutman Pepper Locke

Judge Dismisses Antitrust Claims by Chalmers and Other Former Players Against NCAA

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On Monday, a U.S. district court judge in the Southern District of New York dismissed a lawsuit brought by former Kansas basketball player Mario Chalmers and 15 other former college basketball players. The plaintiffs all...more

Stevens & Lee

Federal Court: No Sherman Act Violation Absent Anticompetitive Conduct and Anticompetitive Effects

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Back in late January, U.S. District Court Judge Xavier Rodriguez in the Western District of Texas granted summary judgment to Loredo Medical Center (LMC) and a locally-based interventional cardiology group (LMC Cardiology...more

Pierce Atwood LLP

First Circuit Revives Privacy Class Action Based on Injury and Predominance

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This summer, the First Circuit revived a privacy class action based on debt collection practices. In Nightingale v National Grid USA Service Company, the district court granted summary judgment in favor of the defendants and...more

A&O Shearman

Fourth Circuit Affirms That Continuing Violation Doctrine Does Not Preserve Time-Barred Antitrust Claims Without “New” Harm Or...

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On August 29, 2024, the Fourth Circuit affirmed a district court’s decision granting summary judgment and dismissing antitrust claims by CSX Transportation, Inc. (“CSX” or “Plaintiff”) against Norfolk Southern Railway Company...more

A&O Shearman

Eastern District Of New York Finds Circumstantial Evidence Enough To Defeat Summary Judgment Motion In Antitrust Case Against...

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First, the Court considered whether there was sufficient evidence to conclude that the Defendants’ standards, in and of themselves, violated Section 1 and concluded there was not.  Instead, the Court held that...more

McDermott Will & Emery

Counterclaim Plaintiff Estopped from Antitrust Claims in Co-Pending Case

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The US Court of Appeals for the Federal Circuit held that a counterclaim plaintiff was estopped from relitigating antitrust claims in a separate action where the prior judgment allegedly involved separate and alternative...more

Patterson Belknap Webb & Tyler LLP

Applicability of State-Action Immunity to Private Parties

On January 7, 2019, in Green Sols. Recycling, LLC v. Reno Disposal Co., No. 3:16-cv-00334-MMD-CBC, 2019 BL 4611 (D. Nev. Jan. 07, 2019), the District Court for the District of Nevada granted summary judgment on plaintiff’s...more

Holland & Knight LLP

Healthcare Law Update: September 2018

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Regulation - CMS Contemplating Telemedicine Changes - The Centers for Medicare & Medicaid Services (CMS) recently published what it described as a "major proposed rule" that covers a number of topics that could have...more

Patterson Belknap Webb & Tyler LLP

Cert Petition Asks How Far Does the Noerr-Pennington Doctrine Extend?

On February 28, 2018, the Puerto Rico Telephone Company, Inc. (PRTC) filed a petition for a writ of certiorari after its antitrust claims against San Juan Cable LLC (OneLink) were dismissed by the First Circuit Court of...more

Holland & Knight LLP

New Reverse-Payment Decision Sheds Further Light on Plaintiffs’ Causation Burden

Holland & Knight LLP on

As post-Actavis antitrust litigation over so-called “reverse payment” patent settlements proceeds, courts continue to provide further illumination about what evidence a private plaintiff would need to offer to survive summary...more

Patterson Belknap Webb & Tyler LLP

Southwest Airlines Will Cooperate in Class Action Against American, Delta & United

A federal judge has granted preliminary approval of Southwest Airlines Co.’s settlement with a class of plaintiffs alleging antitrust violations against Southwest, American Airlines, Inc., Delta Air Lines, Inc., and United...more

McDermott Will & Emery

Third Circuit Affirms Summary Judgment for Defendant in Titanium Dioxide Price-Fixing Case

McDermott Will & Emery on

WHAT HAPPENED: ..On October 2, 2017, the US Court of Appeals for the Third Circuit unsealed its opinion in Valspar Corp. v. E.I. Du Pont De Nemours & Co., No. 16-1345 2017 WL 4364317 (3d Cir. Sept. 14, 2017) in which the...more

Patterson Belknap Webb & Tyler LLP

Tenth Circuit Clarifies Rule of Reason Analysis for Tying Claims

Tying is a chameleon in antitrust law. Courts can condemn tying arrangements as either per se violations or as unlawful under the rule of reason. For a per se tying violation, plaintiff must show that the defendant had...more

Pierce Atwood LLP

Using Joint Venture Analysis to Limit Antitrust Risks of Energy Sector Collaborations

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In an antitrust case where two competitors admittedly engaged in concerted action to block a third competitor’s access to a natural gas gathering system, a federal appeals court recently upheld summary judgment for the...more

WilmerHale

3rd Circuit Weighs In On Product-Hopping

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On Sept. 28, 2016, in Mylan Pharmaceuticals Inc. v. Warner Chilcott Public Limited Co. (Doryx), the Third Circuit affirmed the lower court’s grant of summary judgment rejecting antitrust claims brought against Warner Chilcott...more

Knobbe Martens

Third Circuit Upholds Dismissal of Doryx ‘Product Hopping’ Suit

Knobbe Martens on

On September 28, 2016, the Third Circuit issued an opinion in Mylan v. Warner Chilcott, upholding the Eastern District of Pennsylvania’s holding on summary judgement that Defendants’ “product hopping” conduct did not violate...more

Mintz

Big Summary Judgment Win for Hospital Defending $300M Exclusive Dealing Antitrust Suit

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After fending off a motion for judgment on the pleadings in March 2015, a small hospital in Peoria, Illinois lost on summary judgment in its $300 million antitrust suit alleging illegal exclusive dealing and attempted...more

WilmerHale

Doryx: Third Circuit Affirms Dismissal of Product Hopping Claim

WilmerHale on

On September 28, 2016, in Mylan Pharmaceuticals Inc. v. Warner Chilcott Public Limited Co. (Doryx), the Third Circuit affirmed the lower court's grant of summary judgment against antitrust claims by generic manufacturer Mylan...more

Pierce Atwood LLP

Two New Court Decisions Bookend Antitrust Risks for Integrated Hospitals

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A Florida federal court recently denied summary judgment to an integrated hospital system hoping to exit a multicount antitrust and unfair trade lawsuit. Four days later, the Third Circuit Court of Appeals upheld summary...more

Wilson Sonsini Goodrich & Rosati

U.S. Court of Appeals for the Fourth Circuit Affirms Grant of Summary Judgment Dismissing "Per Se" Antitrust Tying Claims Against...

On February 4, 2016, the U.S. Court of Appeals for the Fourth Circuit affirmed a grant of summary judgment dismissing "per se" antitrust tying claims brought by a local concert promoter (It's My Party, or IMP) against its...more

McDermott Will & Emery

ANDA Update - October 2015

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Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Benesch

Sixth Circuit Denies Interlocutory Appeal of Class Certification of Antitrust Suit Against Detroit Medical Center

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Detroit-area nurses filed an antitrust suit against Detroit Medical Center (“DMC”), alleging that “softened competition” resulted from DMC sharing compensation information with other hospitals. The plaintiffs also alleged a...more

McDermott Will & Emery

District Court Denies Summary Judgment in Broadcast Rights Class Action

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On Friday, August 8, 2014, the Southern District of New York denied motions for summary judgment filed by the National Hockey League, Major League Baseball, Comcast Corp. and DirecTV LLC in suits alleging that these...more

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